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MATTER OF REILLY v. REILLY

64 A.D.3d 660 (2009)

881 N.Y.S.2d 895

In the Matter of BRIAN G. REILLY, Appellant-Respondent, v. CAROLE A. REILLY, Respondent-Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 14, 2009.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

One who seeks a change in visitation is not automatically entitled to a hearing but must make a sufficient evidentiary showing of a material change of circumstances to warrant a hearing (see Matter of Rodriguez v Hangartner, 59 A.D.3d 630 [2009]; Matter of Gold v Gold, 53 A.D.3d 485

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